What to Do If Your Child Is Injured at a San Antonio Daycare or School

What to Do If Your Child Is Injured at a San Antonio Daycare or School

When your child is injured at a daycare or school, your first step is to document everything immediately. This includes taking dated photos of the injuries, writing down your child’s account of what happened in their own words, and saving all communications from the facility.

Proving negligence requires showing that the school or daycare failed to provide a safe environment, and this comes down to the details you gather in the hours and days after the incident. In Texas, these facilities are held to a specific standard of care, but the burden of proof is on you, the injured party. The situation is complicated by issues specific to our community, including a severe shortage of qualified daycare workers in San Antonio, which leads to lapses in supervision.

If your child was injured and you have questions about what to do next, call Cowen | Rodriguez | Peacock for a free consultation at (210) 941-1301.

What Are the First Steps I Should Take from Home?

The actions you take once you are back home lay the groundwork for holding the responsible parties accountable. 

• Create a detailed timeline of events.
  Start from the moment you dropped your child off to the moment you picked them up. Write down who you spoke to, what they said, and the exact time of the conversation. Don’t rely on memory; small details that seem unimportant now become significant later on.
• Document your child’s injuries thoroughly.
  Take clear, well-lit photographs of all injuries from multiple angles. Continue taking photos every day to show how the injuries evolve, such as changes in bruising or the healing process. Keep a simple journal of your child’s physical pain and any changes in their behavior or emotional state, like nightmares, a new fear of school, or increased anxiety.
• Write down everything your child says about the incident.
  Use their exact words, even if they seem confusing or out of order. Avoid asking leading questions. Instead of asking, "Did the teacher push you?" a better question is, "What happened next?" This helps ensure their account remains their own, untainted by suggestion.
• Gather and organize all related documents.
  This includes the initial incident report from the school, emails, text messages, and any other correspondence. Keep all medical records, bills, and receipts for any related expenses in a dedicated folder. Having everything in one place makes the process much smoother.
• Make an official report.
  You are required by Texas law to report suspected abuse or neglect. You do this by contacting the Texas Abuse Hotline or local law enforcement. This creates an official record of the incident that is separate from the school’s internal reporting system. In Bexar County, these reports are investigated by the Texas Department of Family and Protective Services (DFPS).

Who Is Legally Responsible When a Child Is Injured?

Figuring out who is at fault from a legal standpoint involves a few key ideas:

• The Concept of "Duty of Care"
  When you entrust a school or daycare with your child, they take on a legal obligation, or "duty of care," to protect them from foreseeable harm. This means they must act as a reasonably prudent caregiver would under similar circumstances. It’s a fundamental promise of safety, implied the moment you leave your child in their charge.
• How Does a School or Daycare Breach This Duty? (Negligence)
  Negligence is the legal term for failing to meet that duty of care, resulting in injury. A facility is found negligent in several ways.

• Inadequate Supervision: This happens when there isn't enough staff to watch the children properly. It's a known issue in San Antonio, where many childcare centers operate at only about 70% of their licensed capacity because of severe staffing shortages. When staff are stretched thin, accidents are simply more likely to occur.
• Unsafe Environment (Premises Liability): This legal concept holds property owners responsible for injuries caused by unsafe conditions. Examples include broken playground equipment, unsecured furniture, toxic cleaning supplies within a child's reach, or a general failure to maintain a safe property.
• Negligent Hiring: This occurs when a facility hires staff without conducting proper background checks or fails to address an employee’s history of dangerous behavior. The high turnover rate in Texas childcare sometimes leads facilities to hire less-qualified staff, increasing the risk to children.
• Failure to Follow Safety Procedures: This could mean not adhering to food allergy protocols, safe sleep guidelines for infants, or maintaining proper student-to-teacher ratios as required by state regulations.
• When is the Institution Responsible for an Employee's Actions?
  This is a legal concept called vicarious liability. It means an employer, like a school district or a daycare company, is held responsible for the negligent actions of its employees while they are on the job. If a teacher is negligent in supervising the playground, the school itself may be held liable for a resulting injury.

What Are Common Types of Injuries and Scenarios?

Injuries at schools and daycares happen in a wide variety of ways:

Playground and Sports Injuries

These are very common but are not always unavoidable accidents. However, you may have a case for negligence if the accident was caused by poorly maintained equipment, a lack of proper supervision, or children being forced into activities that are not appropriate for their age and developmental level.

Injuries from Fights or Bullying

Schools have a clear duty to address and prevent bullying. If the administration knows about a dangerous situation between students and does nothing to intervene, they may be held liable for any physical injuries that result.

Injuries from Unsafe Conditions

This category covers a broad range of incidents, including slips and falls on wet floors without warning signs, injuries from falling objects like unsecured bookshelves, or exposure to hazardous materials left within reach of children.

Transportation-Related Incidents

A school or daycare’s responsibility doesn’t end at the classroom door. They are also responsible for your child’s safety on the school bus, during field trips, or even in the parking lot during the chaotic drop-off and pick-up times.
We have seen tragic cases involving:

• School bus crashes: A collision caused by a distracted, poorly trained, or fatigued bus driver.
• Parking lot accidents: A child being struck by another parent’s vehicle or even a delivery truck from a company like Amazon, UPS, or FedEx due to chaotic drop-off procedures or poor traffic management by the school.
• Field trip accidents: An injury that occurs off-site due to a lack of supervision or because the transportation was provided by a third-party company with a poor safety record.

What Should I Expect from the School or Daycare After Reporting an Injury?

Once you've reported the injury, the school or daycare will begin its own process. It is helpful to understand what their priorities are and how their response may affect you and your child. This is a time to be cautious and deliberate in your communications.

• You will be asked to fill out an incident report.
  When you complete this form, be factual and stick only to what you know for certain. Avoid guessing or making assumptions about what happened. State the facts clearly: "My child has a broken arm," not "The teacher must have pushed my child." Speculation may be used against you later.
• The school or daycare may conduct an internal investigation.
  Remember that their goal is to protect their own interests. They are not an impartial third party looking out for your child. Their investigation will be conducted from their own perspective, and its findings may reflect that.
• You may be contacted by their insurance provider.
  The insurance adjuster is not on your side. Their job is to minimize the amount the insurance company has to pay. They represent a business that must balance paying claims with making a profit. It is best to not give a recorded statement or sign any documents without first speaking to a lawyer. Anything you say could potentially be used to argue that you or your child were somehow at fault for the injury.

What Does a Legal Claim Involving a Child's Injury Look Like in Texas?

Investigation and Evidence Gathering

Our first step is to conduct an independent investigation. We will gather all the evidence mentioned earlier, such as photos, medical records, and your timeline. We also interview witnesses and may hire safety consultants to analyze what went wrong at the facility.

Filing the Claim

We handle all the paperwork and formal communication with the daycare or school and their insurance company. This ensures that all deadlines are met and that all communication is handled professionally and strategically.

Negotiating a Settlement

Most personal injury cases are resolved through a settlement, which is a formal agreement to resolve the case for a certain amount of money. We will handle all negotiations to pursue the maximum compensation available under the law for medical bills, future care needs, and your child’s pain and suffering.

Filing a Lawsuit

If the insurance company refuses to offer a fair settlement, we will be prepared to file a lawsuit and present your case in court. While most cases settle well before they ever reach this stage, our willingness to go to trial shows the other side we are serious about securing a just outcome for your child.

Protecting Your Child Is the Only Thing That Matters

You trusted them to keep your child safe. You don't have to face the consequences of their failure by yourself. We regularly help families across San Antonio and Bexar County hold negligent daycares and schools accountable.

If you are ready to discuss your situation, we are here to listen. Call Cowen | Rodriguez | Peacock today at (210) 941-1301.